An ineffective ban on the sale of acid

“I myself had to buy acid recently to wash the bathroom at the supermarket I run. I went to the local hardware store, and was able to get it very easily, nobody even asked what it was for,” says Daulat Bi Khan, an acid attack survivor and activist.

The over-the-counter sale of acid has been banned in India since 2013, but nearly 10 years later, this month the Delhi Commission for Women found that acid was easily available and a litre cost less than Rs 50.

In 2013, in Laxmi v Union of India, the Supreme Court outlined that establishments selling acid would need a licence to do so, and have to be registered under The Poisons Act 1919. In addition, shops need to maintain a register of their stock and individual sales of the acid. The buyer must provide ID proof and disclose the reason for buying acid.

The penalty for not following the norms is a fine of Rs 50,000 levied by the sub-divisional magistrate. Yet, from India’s estimated 13 million small stores, only Rs 36.5 lakh has been collected in fines so far. This accounts for about 73 illegal sales.

Read | The stolen dreams of acid attack survivors

If we compare that to the number of cases, a disturbing picture emerges. Between 2014 and 2018, there have been 1,483 acid attacks in the country. The Union Home Ministry, in reply to a Parliament question in August this year, said that between 2018 and 2022, 386 acid attack cases on women were registered in the country. Minister of State for Home Affairs, Ajay Kumar Mishra, said that 62 persons were convicted during this period, and that the Centre has issued advisories to all states and Union Territories to review the rules and ensure that retail sales of acids and chemicals are strictly regulated in terms of The Poisons Act, 1919.

However, in their research, the Delhi Commission for Women found that the sub-divisional magistrates, who are supposed to inspect and ensure acid is not being sold freely, have not even conducted a single inspection in some districts in the past six years. Others have not collected a single fine since 2017.

The problem begins at enforcement, according to Ashish Shukla, co-founder of the Chhanv Foundation. In their experience, authorities and administration in Uttar Pradesh and Delhi seemed to have no idea which department should regulate the sale of acid. “We filed several RTIs, in one we asked the authorities if there is any acid sale across districts, and if they have issued any licences, and if yes, we asked for the details. The application moved from department to department and eventually I did not get any response,” Shukla said.

“Banning the sale of harmful substances is not enough,” says Donna Fernandes, a Bengaluru-based activist whose NGO works to end violence against women. “In addition to acid attacks, most women who are rushed to the burns ward where we work are victims of domestic violence.”

While banning sale may not in itself prove a complete solution, strong penal provisions have played a significant role in the reduction of acid attacks in other countries. “Bangladesh came up with a law with very strong penal provisions. This has resulted in a significant decline in acid attacks,” says Swati Maliwal, Chairperson of the Delhi Commission for Women.

Activists in India continue to advocate for a stronger legal framework. The Supreme Court provisions did not institute a complete ban, and maintaining registers at the point of sale has proved an ineffective approach. “A good system would be for certain industries to be listed and licensed to buy and use acid, with specific structures to oversee the procurement. There need to be strong penal provisions at various levels,” explains Swati.

In light of the rising number of crimes against women, robust legislation is an important and vital first step. Raising awareness and hitting at the roots of patriarchy is important, says Swati, emphasising that “in a country like ours where crimes against women are so prevalent, and gender-based violence is so serious, a strong law is very essential.”